SUNWEST POWERPLAYER OF THE GAME
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PARTICIPATION IN THE CONTEST CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Contest or submit an entry are sometimes referred to herein as an "Entrant."
1. SPONSOR: SunWest Federal Credit Union, a non-for-profit, federally insured credit union ("Sponsor").
2. CONTEST PERIOD: Contest begins at 5:00 P.M. Mountain Standard Time (MST) on September 21, 2018 and ends at 11:59 P.M. MST on April 6, 2019 (the "Contest Period").
3. ELIGIBILITY: The Contest is open only to individuals who are at least eighteen (18) years of age on the entry date, who are legal residents of the United States, and whose residence for at least two (2) months of the year is in the State of Arizona (each such person, an "Entrant"). Employees, agents, officers, directors, controlling entity, managers, and owners of Sponsor, IceArizona Hockey Co LLC d/b/a the Arizona Coyotes Hockey Club (the "Team"), IceArizona Holdings LLC, IceArizona AHL Co LLC, the Arizona Coyotes Foundation, the National Hockey League and its member clubs, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., the NHLPA, the American Hockey League and its member clubs, AEG, Levy Premium Foodservice Limited Partnership, the City of Glendale, and each of their respective parents, subsidiaries, affiliates, owners, directors, managers, officers, employees and their advertising agencies, promotional partners and prize providers associated with this Contest (collectively, the "Contest Entities" and each a "Contest Entity"), and their immediate families (spouse, domestic partner, parents, legal guardians, grandparents, grandchildren, siblings, children and "step" of each) and those individuals living in their same household are not eligible to enter or win.
4. HOW TO ENTER: Entrants must complete and submit an entry form on ArizonaCoyotes.com/SunWest (an "Entry"). Entry registration shall be available online from September 21, 2018 until February 22, 2019. Limit one (1) Entry per person. Sponsor and Team reserve the right to verify eligibility of all Entrants.
5. POTENTIAL WINNER SELECTION, NOTIFICATION & HOW TO PLAY: Seven (7) or eight (8) Entrants who properly completed the Entry will be randomly chosen by the Team or its designee as a potential Prize winner ("Potential Winner") on each of five (5) occasions: October 2, 2018; November 9, 2018; December 12, 2018; January 31, 2019; and February 25, 2019. The Team's decision shall be made in its sole and final discretion. The odds of being selected as a Potential Winner will vary depending on the total number of Entrants. Potential Winners will receive two (2) tickets to a game be notified at least three (3) days prior to the game in which they are selected for. The Potential Winner will be contacted either (i) by phone at the number given in the Entrant's Entry, or (ii) by email at the email address given in the Entrant's Entry (the "Potential Winner Notification"). The Potential Winner must confirm the Potential Winner Notification within twenty-four (24) hours of receiving notice in order to continue his or her participation in the Contest. In the event that the Potential Winner does not confirm the Potential Winner Notification within twenty-four (24) hours, another Entrant will be randomly selected. If a Potential Winner is randomly chosen and has already participated in the Contest, such Entrant's Entry shall be null and void, and the Team will randomly choose another Entrant as a Potential Winner.
BEING SELECTED AS A POTENTIAL WINNER DOES NOT GUARANTEE WINNING OF A PRIZE.
The prize to be awarded is contingent upon the Arizona Coyotes scoring a Power Play Goal in the designated game for which the Potential Winner is selected. If the Coyotes score a goal on the Power Play (where the Coyotes players competing on the ice outnumber the opposition), the Potential Winner for that designated game ("Prize Winner") shall receive a Power Play Goal Prize (as defined below). If the Arizona Coyotes do not score a Power Play Goal in the designated game for which the Potential Winner is selected, then no prize is awarded.
6. PRIZES: Each Prize Winner shall receive two (2) all-inclusive tickets in the FOX Sports Arizona Fan Cave ("Power Play Goal Prize" or "Prize") to a game designated by the Coyotes ("Prize Game") in its sole discretion and one (1) autographed replica jersey. The approximate retail value ("ARV") of the Power Play Goal Prize is $800.
7. PRIZE RESTRICTIONS: No portion of the Power Play Goal Prize may be transferred, redeemed for cash or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of each Prize Winner. The Prize, and all elements thereof, are subject to availability. The Prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prize is at Prize Winner's sole risk and Sponsor nor Team is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the Prize.
Each Prize Winner is solely responsible for any and all travel expenses necessary to attend the Prize Game. Each Prize Winner will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her Prize receipt and/or use that are not expressly included in the Prize description.
9. GENERAL CONDITIONS: This Contest is subject to all applicable federal, state and local laws. By participating, Entrants agree to be bound by these Official Rules and the decisions of Sponsor and Team. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. All Entrants agree to follow the Official Rules and release, discharge, hold harmless and indemnify the Contest Entities and all of their respective members, managers, equity holders, officers, directors, parents, subsidiaries, partners, agents, employees, successors and assigns each of them (collectively, the "Released Parties") against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotional-related activity or participation in this Contest. In consideration for being awarded a Prize, or any portion thereof, each Prize Winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of Prize Winner's name and/or likeness in any and all advertising, promotions and other publicity conducted by Contest Entities, except where prohibited by law. Sponsor reserves the right to modify the scheduling of the Contest without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. PRIZE WINNERS AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE CONTEST ENTITIES AND THEIR RESPECTIVE MANAGERS, EQUITY HOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE, ANY PORTION THEREOF OR PARTICIPATION IN ANY CONTEST RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST.
11. LIMITATIONS OF LIABILITY: The Contest Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to Entrant's or any other person's computer related to or resulting from participating in the Contest or downloading any material for the Contest, or other telecommunications malfunctions which may limit an Entrant's ability to participate. Sponsor may prohibit an Entrant from participating in the Contest or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor or Team representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Contest.
To the maximum extent permitted by law, IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE CONTEST. EVERYTHING ON THE ENTRY IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. PRIZE WINNERS AGREE THAT ALL PRIZES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
12. DISPUTES: Except where prohibited, as a condition of participating in this Contest, each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in Phoenix, Arizona; (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Contest, but in no event attorneys' fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (iv) this Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of Arizona without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state's laws.
13. WINNER'S LIST/RULES: For a copy of the Official Rules, send a legal-size, self-addressed, stamped envelope to: "SunWest PowerPlayer of the Game" Official Rules, c/o Arizona Coyotes Hockey Club, 9400 W. Maryland Ave., Glendale, AZ 85305. Vermont residents may omit return postage with Official Rules requests.
To find out who won, send a legal-size, self-addressed, stamped envelope to: "SunWest PowerPlayer of the Game" Contest Winners, c/o Arizona Coyotes Hockey Club, 9400 W. Maryland Ave., Glendale, AZ 85305 and indicate the specific game of interest. Requests must be received no later than three (3) months following the end of the Contest Period. Only one (1) request for either Official Rules of Contest Winners will be fulfilled for each separately mailed outer envelope.
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